Agenda - Council - 02/10/2009 - Laserfiche WebLink

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STATE OF MINNESOTA CITY OF RAMSEY IN THE MATTER OF THE CITY OF RAMSEY, ANOKA COUNTY, MINNESOTA, Petitioner, ADMINISTRATIVE SETTLEMENT AGREMENT vs. Case No. 08-273355 SUNFISH EXPRESS, INC., a Minnesota corporation. Respondent. WHEREAS, Respondent.has been issued a 3.2 percent malt liquor off-sale license by the City of Ramsey (the "City") pursuant to Ramsey City Code Section 7.51; and WHEREAS, Ramsey City Code Section 7.51 adopts by reference Minn. Stat. Chapter 340A; and WHEREAS, Minnesota Statute 340A.503 provides that it is a gross misdemeanor to sell or give alcoholic beverages to a person under 21 years of age; and WHEREAS, Respondent's store clerk, Philip Andrew Crannick, admitted that he sold alcohol to a person under twenty-one (21) years of age on the licensed premises on November 11, 2008. Mr. Crannick pled guilty.in Anoka County District Court to a misdemeanor charge of sale of alcohol to a minor and paid a $200.00 fine; and WHEREAS, Minnesota Statute 340A.501 and Ramsey City Code Section 7.51.18b provide that every licensee is responsible for the conduct in its licensed establishment and that any sale of alcoholic beverages by an employee is an act of the licensee; and WHEREAS, the November 11,2008 violation represents the Respondent's first violation within any three year period. As a result pursuant to Ramsey City Code Section 7.51.22, subd 2(b) the Respondent is subject to a mandatory minimum $500.00 fine and a mandatory minimum one day license suspension. NOW, THEREFORE, it is agreed by and the parties hereto as follows: 1. Respondent admits that as a result of its employee's actions on November 11, 2008, it is in violation of Minn. Stat. S340A.501 and is subjeCt to the penalties as provided in City Code Sections 7.51.22 and 7.51.23. -18-